With this it will be convenient to discuss Government amendments 128 and 181.

Definitions
204AW Section3(14) does not apply to this Schedule.”
This amendment makes consequential amendments to secondary legislation including to the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (the EITSET Regulations) and to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. It also inserts two new Parts into Schedule 18. New Part 3 contains consequential modifications of provisions in certain legislation not amended by Parts 1 and 2 of Schedule 18. New Part 4 contains supplementary provision.—(Margot James.)
Schedule 18, as amended, ordered to stand part of the Bill.
Clause 205

‘(1) The Secretary of State may by regulations make provision for representative bodies to bring proceedings before a court or tribunal in England and Wales or Northern Ireland combining two or more relevant claims.
(2) In this section, “relevant claim”, in relation to a representative body, means a claim in respect of a right of a data subject which the representative body is authorised to exercise on the data subject’s behalf under Article 80(1) of the GDPR or section 183.
(3) The power under subsection (1) includes power—
(a) to make provision about the proceedings;
(b) to confer functions on a person, including functions involving the exercise of a discretion;
(c) to make different provision in relation to England and Wales and in relation to Northern Ireland.
(4) The provision mentioned in subsection (3)(a) includes provision about—
(a) the effect of judgments and orders;
(b) agreements to settle claims;
(c) the assessment of the amount of compensation;
(d) the persons to whom compensation may or must be paid, including compensation not claimed by the data subject;
(e) costs.
(5) Regulations under this section are subject to the negative resolution procedure.”
This new clause confers power on the Secretary of State to make regulations enabling representative bodies (defined in Clause 183) to bring collective proceedings in England and Wales or Northern Ireland combining two or more claims in respect of data subjects’ rights.—(Margot James.)

With this it will be convenient to discuss the following:
New clause 6—
“Bill of Data Rights in the Digital Environment (No. 2)
‘(1) The Secretary of State shall, by regulations, establish a Bill of Data Rights in the Digital Environment.
(2) Before making regulations under this section, the Secretary of State shall—
(a) consult—
(i) the Commissioner,
(ii) trade associations,
(iii) data subjects, and
(iv) persons who appear to the Commissioner or the Secretary of State to represent the interests of data subjects; and
(b) publish a draft of the Bill of Rights.
(3) The Bill of Data Rights in the Digital Environment shall enshrine—
(a) a right for a data subject to have privacy from commercial or personal intrusion,
(b) a right for a data subject to own, curate, move, revise or review their identity as founded upon personal data (whether directly or as a result of processing of that data),
(c) a right for a data subject to have their access to their data profiles or personal data protected, and
(d) a right for a data subject to object to any decision made solely on automated decision-making, including a decision relating to education and employment of the data subject.
(4) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would empower the Secretary of State to introduce a Bill of Data Rights in the Digital Environment.
New Schedule 1

Bill of Data Rights in the Digital Environment

1 The UK recognises the following Data Rights:
Article 1 —Equality of Treatment
1 Every data subject has the right to fair and equal treatment in the processing of his or her personal data.
Article 2 — Security
1 Every data subject has the right to security and protection of their personal data and information systems.
Access requests by government must be for the purpose of combating serious crime and subject to independent authorisation.
Article 3 — Free Expression
1 Every data subject has the right to deploy his or her personal data in pursuit of their fundamental rights to freedom of expression, thought and conscience.
Article 4 — Equality of Access
1 Every data subject has the right to access and participate in the digital environment on equal terms.
Internet access should be open.
Article 5 — Privacy
1 Every data subject has right to respect for their personal data and information systems and as part of his or her fundamental right to private and family life, home and communications.
Article 6 — Ownership and Control
1 Every data subject is entitled to know the purpose for which personal data is being processed to exercise his or her right to ownership. Government, corporations and data controllers must obtain meaningful consent for use of people’s personal data.
Every data subject has the right to own and control his or her personal data.
Every data subject is entitled to proportionate share of income or other benefit derived from his or her personal data as part of the right to own.
Article 7 — Algorithms
1 Every data subject has the right to transparent and equal treatment in the processing of his or her personal data by an algorithm or automated system.
Every data subject is entitled to meaningful human control in making significant decisions – algorithms and automated systems must not be deployed to make significant decisions.
Article 8 — Participation
1 Every data subject has the right to deploy his or her personal data and information systems to communicate in pursuit of the fundamental right to freedom of association.
Article 9 — Protection
1 Every data subject has the right to safety and protection from harassment and other targeting through use of personal data whether sexual, social or commercial.
Article 10 — Removal
1 Every data subject is entitled to revise and remove their personal data.
Compensation
Breach of any right in this Bill will entitle the data subject to fair and equitable compensation under existing enforcement provisions. If none apply, the Centre for Data Ethics will establish and administer a compensation scheme to ensure just remedy for any breaches.
Application to Children
1 The application of these rights to a person less than 18 years of age must be read in conjunction with the rights set out in the United Nations Convention on the Rights of the Child.
1 Where an information society service processes data of persons less than 18 years of age it must do so under the age appropriate design code.”

Liam Byrne: I am very happy to. I am lucky enough to be able to draw on my extensive experience as the Minister for ID cards in the Labour Government. I will take the hon. Gentleman, in detail, through the architecture I proposed. Well, he asked for it.
The challenge we confronted in about 2006 is that we originally proposed one big database for all the data, including biometric data. That was an error. The architecture I proposed in its stead was a way of connecting three different databases—one that would have basically held Driver and Vehicle Licensing Agency data, a second that would have held the passport services data, and then a couple of identifiers that would have allowed those two records to be indexed and joined together. That brought the cost of the ID card system down by about two thirds.
Although the hon. Member for Boston and Skegness says that the British public would not like Government databases to hold all that information, that happens to be the country they live in. The Passport Office and DVLA hold comprehensive data on most people, and people find that extremely useful.
I was very careful about what I said. What I said was not that we should have compulsory e-ID, but that we should have a public option so people can choose to use it. That is obviously a different regime from Estonia’s, where ID cards have been compulsory since the country was invented about a century ago.
Giving people a public option would be quite attractive. There are, however, important safeguards that we need to learn from. It would be a mistake to have biometric information connected to that kind of service. We do not need biometric information connected to that kind of service. The ID card system in India has gone down that route, and it has suffered pretty significant leaks of biometric data over the past year and a half. If people get their hands on that data, that will be far more dangerous. The Estonian system, in which people have an electronic ID and a password that sits in their head—a two-factor authentication—has proven much more successful.
My broader point is that we should have a debate about the data rights that we, as citizens of this country, should have. Partly, that is about having rights to things that would make our lives better and would allow us to pursue new freedoms, such as the freedom not to have a million and one passwords, which we lose track of. It is  also about having certain protections. We have had a useful debate, and will have an even longer one shortly, about the right to be treated fairly by algorithms. That is obviously incredibly important. The Government have given a nod in that direction, so the Minister will probably say a little about their digital charter.
On the different sides of the House, there are different philosophies on rights. The Conservative party traditionally defends rights to do with negative freedoms, and my side often talks the language of positive freedoms—the power to do things, which we think is necessary for social justice. However, I hope that in the months ahead we can have a sensible conversation about what negative and positive freedoms we can crystallise and enshrine in a bill of digital rights. At some point in this century, we shall write that. It is inevitable, because the world will change in a way that requires it, and the citizens of this country will begin to demand it. What we are starting to debate today what will come to pass at some point. I hope to be the Minister who drives it through in the next Labour Government, which is imminent.
I hope, too, that we can debate that idea and help to perfect it. Where regimes of rights have been most effective, they have stood the test of time. For something to stand the test of time, it always helps if there is a little—not too much—cross-party consensus.
The new schedule has a couple of ideas at its core, and we are lucky in having been able to draw on not only the rights literature, but the incredible work of Baroness Kidron. As well as being a talented member of the creative industries, she has been one of the leading champions of the creation of strong digital rights for our children. As we have rehearsed in Committee previously, the issue is fundamental, not marginal. About a third of online users are children. The Government will have, in a way, to step in that direction. They will have to step towards new clauses 5 and 6, and new schedule 1, because they have committed to issuing an age-appropriate design code that will operationalise clause 124. I want to encourage the Government to think creatively about the way they will write the code of practice on age-appropriate design codes, with at least one eye on the broader bill of data and digital rights, which we want to propose.
The 5Rights movement has a couple of important ideas. One is the right to remove: children should be able to remove content that they have uploaded. There are probably members of the Committee who have posted all kinds of unfortunate content in their lives, which they might not want to have there in the future. That is certainly true of many children I know. The right to remove is, I think, widely accepted, and is reflected as one of the ambitions of the Bill.
The second right is the right to know. Children should be able to learn easily the who, what and why—and know for what purposes their data is being exchanged. That is important. The Minister herself has talked about the need to educate online users—to educate us all, so that we become better critical consumers of the content that we find online. That is doubly important for children.
The third right is the right to safety and support. Much of what upsets young people online is not illegal. It is legal. Support is often quite sparse and fragmented. It is often pretty invisible to children and young people when they need it most.
It will be challenging for the Government to turn the right to informed and conscious use into part of the code of practice, but that is incredibly important. It is simply unfortunate that social media firms spend quite so much money, effort and engineering talent on creating features that create a kind of addiction because of the rush of endorphins that they trigger in young people’s minds.
Those technologies, techniques and tricks of the trade are based on exactly the same principles as casino slot machines, and it is quite telling that a number of social media leaders have, over the last six months, gone on the record to say that they will not let their children use the apps that millions of children around the world use. The right to informed and conscious use will be difficult for the Government to interpret, but it is none the less important.
The right to digital literacy is perhaps the most important of all. It is something that our schools already do a terrific job of putting into practice, but what struck me in Estonia is the way that people see the right to internet access as basically a social right. That is surely something that we should debate and put in practice, too.
We have had quite a collection of evidence over the last year from people such as the Children’s Commissioner, who have ridden in behind and supported Baroness Kidron’s 5Rights movement. The Children’s Commissioner recently said:
“The social media giants have simply not done enough to make children aware of what they are signing up to when they install an app or open an account.”
The idea that children can look at these pages and pages of terms and conditions and just click and agree to them is obviously nonsensical. Indeed, the Children’s Commissioner, when reflecting on that, said:
“Children have absolutely no idea that they are giving away the right to privacy or the ownership of their data or the material they post online.”
The Government have obviously sought to exercise their derogation under the GDPR and set the age of consent at 13, rather than 16, so the code of practice that the Minister has agreed to is really important.
We would like this bill of data rights to go alongside more effective mechanisms to ensure that those rights are enforceable. That is why we tabled our amendments to clause 80(2). We think it is impossible in today’s economic environment for ordinary citizens to take effective action against the biggest firms on earth. These five firms have a market capitalisation, although it is slightly less than it was, of about $2.5 trillion, so the idea that a humble citizen can take on some of these giants is nonsensical. We would therefore like this bill of data rights to sit alongside a much more effective, open and democratic form of class action.
I am really interested in the Minister’s observations on the rights we have set out. Article 1 of our proposed new schedule covers equality of treatment, which is enshrined in the GDPR. The GDPR is long—we have made incredible progress through it, article by article—and it is a miracle that we have arrived at page 123 of the Bill by Thursday afternoon, but that is a real testament to the skilful chairing of Mr Hanson and you, Mr Streeter.  The principle of equality of treatment is written throughout every clause of the Bill. The point is that it is written through 200 clauses, so we think a basic statement of equality of treatment is a good place to start.
Article 2 covers the right to security, which is the subject of the Bill. Again, let us set that out in terms. Article 3 covers the right to free expression, which is something we have signed up to in articles of the European convention on human rights. It is something that we should set within the context of a bill of data rights. Article 4 covers the right of equality of access. Giving equal access to the digital environment is extremely important. The digital environment creates a network, and network effects mean that the more people joined to it, the greater the value of the network. It is important to specify, set out and declare that we see equality of access to the digital environment as important.
Article 5 sets out the right to privacy, which, again, is scattered throughout the Bill, although we would like to consolidate and crystallise it and bring it together. Article 6 covers ownership and control, which will only grow in importance. This is not the place to get into the vexed debate about who owns the copyright to the data that someone might have and the new data that might be created by joining that data with someone else’s. However, the question of who owns the copyright, and therefore who owns the value of data that is personal in origin, is only going to grow. That debate is almost the 21st century equivalent to that on the enclosure of the commons, frankly. Who owns the copyright of data will become more important as the value of data grows exponentially.
Article 7 talks about the right to fairness when it comes to automated decision making, which we will come to in the debate on algorithmic fairness. Algorithms are making more and more decisions in our lives. People have a right not to be treated unfairly as a result of those decisions. In the phrase used by my hon. Friend the Member for Cambridge, we cannot have a world in which yesterday’s injustice is hard-coded into tomorrow’s injustice. We think that ensuring a right to algorithmic fairness in our bill of data rights is important. The rights to participation, protection and removal are important too.
We have a long tradition of rights in this country; we are the world’s pioneers of them. It is because we have been that pioneer down the centuries that we are today the world’s fifth-biggest economy, but we are not the world’s leading digital society. It is an ambition of the Opposition that we should be, and we think that a bill of digital rights would help us to get there.

I don’t, but I am sure that the hon. Gentleman does. Well, I do actually.

Darren Jones: I agree entirely. I confess I never got all the way through my version of Piketty, but the idea of value through assets, as opposed to through the stagnating wages in our economy today, plays into this conversation around data. People from poorer backgrounds may not inherit houses or land, but they create their own data every day. It is an asset that should belong to them. They should be able to share in its value when companies around the world are making enormous profits off the back of it. In this digital age, there is a huge call for equality of opportunity and equality of access. We need to try to get those right in these fundamental understandings of the digital market and the rights that exist around it.
Lastly, I encourage and strengthen my right hon. Friend’s arguments on the application of these principles to children. The Committee has already debated how parental consent is not needed after the age of 13. One of my early jobs as legal counsel at BT was the dubious task of consolidating terms and conditions. Hon. Members who are no doubt happy customers of BT, with perhaps broadband, TV and sport, would originally have had to read five or six different documents that were very long and complicated. I had to consolidate those. That was not good enough, so I commissioned a YouTube star to do a video, which can be seen on the terms and conditions page, to try to explain some of these things. Even for adults, this was a really hard and laborious task.
I am not saying that it is for Government to tell businesses how to communicate to children. Second Reading and some of the Committee’s debates show—dare I say it—that we are probably not best placed to have those conversations. However, it is really important that there is an expectation on businesses that they take steps to ensure that children are properly engaged and really understand what they are signing up to, especially as the Government have opted to go to the minimum range for consent, going to 13.
I just wanted to re-emphasise the debate on ownership and on children. I support my right hon. Friend’s new schedule and new clauses, and I hope the Government will support them.

Liam Byrne: When the right hon. Member for Surrey Heath (Michael Gove), who is now the Secretary of State for Environment, Food and Rural Affairs, was Secretary of State at the Ministry of Justice, he launched a consultation about an English Bill of Rights, which was about not simply about human rights but a much broader set of rights. I do not think there is a big difference in our approaches to rights. Actually, I think there is a shared approach, as has been recognised down the years.

Does the right hon. Gentleman wish to press the new clause to a vote?